S.  R.  A.— B.  S.  55.  Issued  August  3,  1923. 

United  States  Department  of  Agriculture. 


SERVICE  AND  REGULATORY  ANNOUNCEMENTS, 

BUREAU   OF   BIOLOGICAL  SURVEY. 


MIGRATORY   BIRD    TREATY,    ACT,  AND    REGULATIONS.^ 


CONVENTION  BETWEEN  THE  UNITED  STATES  AND  GREAT 
BRITAIN  FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS  IN  THE 
UNITED  STATES  AND  CANADA.* 

{39   Stat.,   1702.] 

BY  THE   PRESIDENT  OF   THE  UNITED   STATES   OF   AMERICA. 

A    rUOCLAMATION. 

Whereas  a  Convention  between  the  United  States  of  America  and 
the  United  Kingdom  of  Great  Britain  and  Ireland  for  the  protection 
of  migratory  birds  in  the  United  States  and  Canada  was  concluded 
and  signed  by  their  respective  plenipotentiaries  at  \Yashingt<:)n,  on 
the  sixteenth  day  of  August,  one  thousand  nine  hundred  and  sixteen, 
the  ori<2:inal  of  which  Convention  is  word  for  word  as  follows: 

Whereas,  Many  species  of  birds  in  the  course  of  their  annual  mi- 
grations traverse  certain  parts  of  the  United  States  and  the  Domin- 
ion of  Canada ;  and 

Whereas,  Many  of  these  s]>ecies  are  of  great  value  as  a  source  of 
food  or  in  destroying  insects  which  are  injurious  to  forests  and  for- 
age plants  on  the  public  domain,  as  well  as  to  agricultural  crops,  in 
both  the  United  States  and  Canada,  but  are  nevertheless  in  danger 
of  extermination  through  lack  of  adequate  protection  during  the 
nesting  season  or  while  on  their  way  to  and  from  their  breeding 
grounds ; 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas.  Emperor  of  India,  being  desirous  of 
saving  from  indiscriminate  slaughter  and  of  insuring  the  preserva- 
tion of  such  migratory  birds  as  are  either  useful  to  man  or  harm- 

1  iTicludini;  anipnfhuents  of  the  regulations  approved  June   11,   1023. 

'  Sign«>d  at  Wa.shin.i;-ton  August  16,  1916;  ratification  advised  by  the  Seuate  An^iist  20. 
ratified  by  the  I*resident  September  1,  aud  by  Great  Britain  Ootoljer  20  ;  ratifications  ex- 
changed December  7  ;  proclaimed  December  8,  1016.  Constitutionality  of  the  treaty  and 
act  of  .July  3,  1918,  sustained  by  the  United  States  Supreme  Court  in  a  decision  rendered 
April  19.  1920,  in  the  casg.oLthe  State  ^f  Missouri  v.  Ray  P.  Holland  (252  U.  S.  416)  ; 
see  also  U.  S.  r.  Lumpkin    (2T()  F^d".j5;^'i^f  F^  Lip.  1 

Canada,  by  an  act  of  Vaj-iinHit^LfiYj^i'Mf,^  QtogiT.^t  20.  19  7.  gave  full  effect  to  this 
convention,  and  jHonu^lgareil  regulations  tb.ervuuder  Maj  11,  1918.  The  validity  of  the 
act  of  the  Dominion  Parliament  ,\\'iis,  ^upheld  U.v.  Jhe  Suprem  ?  Court  of  Prince  Edward 
Island  in  a  decision  (Michafelmas  term,  1»*_*0)  rendered  io  cas4  of  The  King  r.  Russell  C. 
Clark.  •  '    "'^'"         '  ' 

35338°— 23 


U.S.  DEPOSITORY 


2  BUREAU   OF   BIOLOGICAL  SURVEY.  S.  R.  A., 

less,  have  resolved  to  adopt  some  uniform  system  of  protection 
Tvhich  shall  effectively  accomplish  such  objects  and  to  the  end  of 
concluding  a  convention  for  this  purpose  have  appointed  as  their 
respective  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Robert  Lansing, 
Secretar}'  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Right  Honorable  Sir  Cecil  Arthur 
Spring  Rice,  G.  C.  V.  O.,  K.  C.  M.  G.,  etc.,  His  Majesty's  Ambassador 
Extraordinary  and  Plenipotentiary  at  Washington; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  to  and  adopted  the  f olloAving  articles : 

ARTICLE    I. 

The  High  Contracting  Powers  declare  that  the  migratory  birds  included  in 
the  terms  of  this  Convention  shall  be  as  follows : 

1.  Migratory   Game   Birds : 

(«)   Anatidae  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 
(h)   Gruidae  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae  or  rails,  including  coots,  gallinules  and  sora  and  other  rails. 

(d)  Limicolae  or  sfiorebirds,  including  avocets,  curlew,  dowitchers,  godwits, 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones,  willet,  woodcock  and  yellowlegs. 

(e)  Columbidae  or  pigeons,   including  doves  and  wild  pigeons. 

2.  Migratory  Insectivorous  Birds :  Bobolinks,  catbirds,  chickadees,  cuckoos, 
flickers,  flycatchers,  grosbeaks,  humming  birds,  kinglets,  martins,  meadowlarks, 
nighthawks  or  bull  bats,  nut-hatches,  orioles,  robins,  shrikes,  swallows,  swifts, 
tanagers,  titmice,  thrushes,  vireos,  warblers,  wax-wings,  whippoorwills,  wood- 
peckers and  wrens,  and  all  other  perching  birds  which  feed  entirely  or  chiefly 
on  insects. 

3.  Other  Migratory  Nongame  Birds :  Auks,  auklets,  bitterns,  fulmars,  gannets, 
grebes,  guillemots,  gulls,  herons,  jaegers,  l(K)ns,  murres,  petrels,  puffins,  shear- 
waters, and  terns. 

AKTICtB    II. 

The  High  Contracting  Powers  agree  that,  as  an  efftx.'tive  means  of  preserv- 
ing migratory  birds  there  sluill  be  established  the  following  close  seasons  during 
which  no  hunting  shall  be  done  except  for  scientific  or  propagating  purposes 
under  permits  issued  by  proper  authorities. 

1.  The  close  season  on  migratory  game  birds  shall  be  between  March  10  and 
September  1,  except  that  the  close  season  on  the  Limicolae  or  shorebirds  in  the 
Maritime  Provinces  of  Canada  and  in  those  States  of  the  United  States  border- 
ing on  the  Atlantic  Ocean  which  are  situ.'Jted  wholly  or  in  part  north  of  Chesa- 
peake Bay  shall  be  between  February  1  and  August  15,  and  that  Indians  may 
take  at  any  time  scoters  for  food  but  not  for  sale.  The  season  for  hunting 
shall  be  further  restricted  to  such  period  not  exceeding  three  and  one-half 
months  as  the  High  Contracting  Powers  may  severally  deem  appropriate  and 
define  by  law  or  regulation. 

2.  The  close  season  on  migatory  insectivorous  birds  shall  continue  through- 
out the  year. 

3.  The  close  season  on  other  migratory  nongame  birds  shall  continue  through- 
out the  year,  except  that  Eskimos  and  Indians  may  take  at  any  season  auks^ 


B.  S.  uS.  BUEEAU  OF   BIOLOGICAL  SURVEY.  S 

auklets,  guillemots,  inurres  and  puffins,  and  their  eggs,  for  food  and  their  skins 
for  clothing,  but  the  birds  and  eggs  so  taken  shall  not  be  sold  or  offered  for 
sale. 

AUTICLE    III. 

The  High  Contracting  Powers  agree  that  during  the  period  of  ten  years  next 
following  the  going  into  effect  of  this  Convention  there  shall  be  a  continuous 
close  season  on  the  following  migratory  game  birds,  to  wit : — 

Band-tailed  pigeons,  little  brown,  sandhill  and  whooping  cranes,  swans,  cur- 
lew and  all  shorebirds  (except  the  black -breasted  and  golden  plover,  Wilson  or 
jack  snipe,  woodcock,  and  the  greater  and  lesser  yellowlegs)  ;  provided  that 
during  such  ten  years  the  close  seasons  on  cranes,  swans  and  curlew  in  the 
Province  of  British  Columbia  shall  be  made  by  the  proper  authorities  of  that 
Province  within  tlie  general  dates  and  limitations  elsewhere  prescribed  in 
this  Convention  for  the  respective  groups  to  which  these  birds  belong, 

ARTICLE    IV. 

The  High  Contracting  Powers  agree  that  special  proter-tion  shall  l>e  given  the 
wood  duck  and  the  eider  duck  either  (1)  by  a  close  season  extending  over  a 
period  of  at  least  five  years,  or  (2)  by  the  establishment  of  refuges,  or  (3)  by 
such  other  regulations  as  may  be  deemed  appropriate. 

ADTICLE    V. 

The  taking  of  nests  or  eggs  of  migratory  game  or  insectivorous  or  nongame 
birds  shall  be  prohibited,  except  for  scientific  or  propagating  purposes  under 
such  laws  or  regulations  as  the  High  Contracting  Powers  may  severally  deem 
appropriate. 

ARTICLE    VI. 

The  High  Contracting  Powers  agree  that  the  shipment  or  export  of  migra- 
tory birds  or  their  eggs  from  any  State  or  Province,  during  the  continuance 
of  the  close  season  in  such  State  or  Province,  shall  be  prohibited  except  for 
scientific  or  propagating  purposes,  and  the  international  traffic  in  any  birds  or 
egs^  at  such  time  captured,  killed,  taken,  or  shipped  at  any  time  contrary  to 
the  lav.'s  of  tlie  State  or  Province  in  which  the  same  were  captured,  killed, 
taken,  or  shipped  shall  be  likewise  prohibited.  Every  package  containing 
migratory  birds  or  any  parts  thereof  or  any  eggs  of  migratory  birds  trans- 
ported, or  offered  for  transportation  from  the  United  States  into  the  Dominion 
of  Canada  or  from  the  Dominion  of  Canada  into  the  United  States,  shall  have 
the  name  and  address  of  the  shipper  and  an  accurate  statement  of  the  contents 
cle<irly  marked  on  the  outside  of  such  package. 

ARTICLE    VII. 

Permits  to  kill  any  of  the  above-named  birds  which,  under  extraordinary 
conditions,  may  become  seriously  injurious  to  the  agricultural  or  other  inter- 
ests in  any  particular  community,  may  be  issued  by  the  proper  authorities 
of  the  High  Contracting  Powers  under  suitable  regulati<ms  prescribed  therefor 
by  them  respectively,  but  such  permits  shall  lapse,  or  may  be  canceled,  at  any 
time  when,  in  the  opinion  of  said  authorities,  the  particular  exigency  has  passed, 
and  no  birds  killed  under  this  article  shall  be  shipped,  sold,  or  offered  for  sale. 

ARTICLE  VIII. 

The  High  Contracting  Powers  agree  themselves  to  take,  or  propose  to  their 
respective  appropriate  law-making  bodies,  the  necessary  measures  for  insuring 
the  execution  of  the  present  Convention. 


4  BUREAU   OF   BIOLOGICAL  SURVEY.  S.  R.  A., 

ARTICLE  IX. 

Tho  present  Convention  shall  be  ratified  by  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by 
His  Brittanic  Majesty.  The  ratifications  shall  be  exchanged  at  Washington  as 
soon  as  possible  and  the  Convention  shall  take  effect  on  the  date  of  the  exchange 
of  the  ratifications.  It  shall  remain  in  force  for  fifteen  years  and  in  the  event 
of  neither  of  the  High  Contracting  Powers  having  given  notification,  twelve 
months  before  the  expiration  of  said  period  of  fifteen  years,  of  its  intention  of 
terminating  its  operation,  the  Convention  shall  continue  to  remain  in  force  for 
one  year  and  so  on  from  year  to  year. 

In  faith  vrliereof,  the  respective  Plenipotentiaries  have  signed  the 
present  Convention  in  dupUcate  and  have  hereunto  affixed  their  seals. 
Done  at  Washington  this  sixteenth  day  of  August,  one  thousand 
nine  hundi-ed  and  sixteen. 

[seal.]  Robert  Lansing, 

[seal.]  Cecil  Spring  Rice. 

And  whereas  the  said  Convention  has  heen  duly  ratified  on  both 
parts,  and  the  ratifications  of  the  two  Governments  were  exchanged 
in  the  City  of  Y/ashington,  on  the  seventh  day  of  December,  one 
thousand  nine  hundred  and  sixteen : 

ISTow,  therefore,  be  it  known  that  I,  Woodrow  Wilson,  President 
of  the  United  States  of  America,  have  caused  the  said  Convention 
to  be  made  public,  to  the  end  that  the  same  and  every  article  and 
clause  tliei-eof  may  be  observed  and  fulfilled  with  good  faith  by  the 
United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  eighth  day  of  December  in 
the  year  of  our  Lord  one  thousand  nine  hundred  and  sixteen,  and 
of  the  Independence  of  the  United  States  of  America  the  one  hun- 
dred and  forty-first. 

[seal.]  Woodkow  Wilson. 

By  the  President : 
Robert  Lansing, 

Secretary  of  State, 


MIGRATORY-BIRD  TREATY  ACT. 

[Approved  July  3,  1918.     40  Stat,  755.] 

AN  ACT  To  pive  effect  to  the  convention  between  the  United  Slates  and  Great  Britain  for 
the  protection  of  migratory  birds  concluded  at  Washington,  August  sixteenth,  ninoU'en 
hundred  and  ^xteen,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Am-erica  w  Congress  assembled,  That  this  Act  shall  be  kiiowu  by  the 
short  title  of  the  "  Migratory  Bird  Treaty  Act." 

Sec.  2.  That  unless  and  except  as  permitted  by  regulations  made  as  herein- 
after provided,  it  shall  be  unlawful  to  hunt,  take,  capture,  kill,  attempt  to  take, 
capture  or  kill,  possess,  offer  for  sale,  sell,  offer  to  purchase,  purcha.se,  deliver 
for  shipment,  ship,  cau.se  to  be  sliipped,  deliver  for  transportation,  transport, 
cause  to  be  tran.sported,  carry  or  cau.se  to  be  carried  by  any  means  wliatever, 
receive  for  shipment,  tran.^portation  or  carriage,  or  export,  at  any  time  or  in 
any  manner,  any  migratory  bird,  included  in  the  terms  of  the  convention  be- 
tween the  United  States  and  Great  Britain  for  the  protection  of  migratory 
birds  concluded  August  sixteen,  nineteen  hundred  and  sixteen,  or  any  part, 
nest,  or  egg  of  any  such  bird. 

Sec.  3.  That  subject  to  the  provisions  and  in  order  to  carry  out  the  purposes 
of  the  convention,  the  Secretary  of  Agriculture  is  authorized  and  directed,  from 
time  to  time,  having  due  regard  to  the  zones  of  temperature  and  to  the  dis- 
tribution, abundance,  economic  value,  breeding  habits,  and  times  and  lines  of 
migratory  fligi>t  of  such  birds,  to  determine  when,  to  what  extent,  if  at  all,  and 
by  what  means,  it  is  compatible  with  the  terms  of  the  convention  to  ailow  hunt- 
ing, taking,  capture,  killing,  possession,  sale,  purchase,  shipment,  transportation, 
carriage,  or  exix>rt  of  any  such  l)ird,  or  any  part,  nest,  or  egg  thereof,  and  to 
adopt  suitable  regulations  permitting  and  governing  the  same,  in  accordance 
with  such  determinations,  which  regulations  shall  become  effective  when  ap- 
proved by  the  President. 

Skc.  4.  That  it  sliall  be  unlawful  to  ship,  transport,  or  carry,  by  any  means 
vi'hatever,  from  one  State,  Territory,  or  District  to  or  through  anotlier  State, 
Territory,  or  District,  or  to  or  through  a  foreign  country,  any  bird,  or  any  part, 
nest,  or  egg  thereof,  captured,  killed,  taken,  shipped,  transported,  or  carried 
at  any  time  contrary  to  the  laws  of  the  State,  Territory,  or  District  in  which 
it  was  captured,  killed,  or  taken,  or  from  which  it  was  shipped,  transported, 
or  carried.  It  shall  be  unlav/ful  to  import  any  bird,  or  any  part,  nest,  or  egg 
thereof,  captured,  killed,  taken,  shipi>ed,  transported,  or  carried  contrary  to 
the  laws  of  any  Province  of  the  Dominion  of  Canada  in  which  the  same  was 
captured,  killed,  or  taken,  or  from  wliich  it  was  shipped,  transported,  or  carried. 

Sec.  5.  That  any  employee  of  the  Department  of  Agriculture  authorized  by 
the  Secretary  of  Agriculture  to  enforce  the  provisions  of  this  Act  shall  have 
power,  without  warrant,  to  arrest  any  person  committing  a  violation  of  this 
Act  in  his  presence  or  view  and  to  take  such  person  immediately  for  examina- 
tion or  trial  before  an  officer  or  court  of  competent  jurisdiction  ;  shall  have 
power  to  execute  any  warrant  or  other  process  i.-^sued  by  an  otlict'r  or  court 
of  competent  jurisdiction  for  the  enforcement  of  the  provisions  of  this  Act;  and 
shall  have  authority,  with  a  search  warrant,  to  search  any  place.  The  several 
judges  of  the  courts  established  under  the  laws  of  the  United  States,  and 
United  States  commissioners  may,  within  their  respective  jurisdictions,  upon 
proper  oath  or  affirmation  sliowing  probable  cause,  issue  warrants  in  all  such 
cases.  All  birds,  or  parts,  nests,  or  eggs  thereof,  captured,  killed,  taken, 
shipped,  transported,  carried,  or  possessed  contrary  to  the  pnn-isions  of  this  Act 
or  of  any  regulations  made  pursuant  thereto  shall,  when  found,  be  .seized  by 
any  such  employee,  or  by  any  marshal  or  deputy  marshal,  and,  upon  conviction 
of  the  offender  or  upon  judgment  of  a  court  of  the  United  States  that  the 

5 


6  BUREAU  OF  BIOLOGICAL  SURVEY.  S.  R.  A., 

same  were  captured,  killed,  taken,  shipped,  transported,  carried,  or  possessed 
contrary  to  the  provisions  of  this  Act  or  of  any  regulation  made  pursuant 
thereto,  shall  be  forfeited  to  the  United  States  and  disposetl  of  as  directed 
by  the  court  having  jurisdiction. 

Sec.  6.  That  any  person,  association,  partnership,  or  corporation  who  shall 
violate  any  of  the  provisions  of  said  convention  or  of  this  Act,  or  who  shall 
violate  or  fail  to  comply  with  any  regulation  made  pursuant  to  this  Act,  shall 
be  deemed  guilty  of  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  more  than  $500  or  be  imprisoned  not  more  than  six  months,  or  both. 

Sec.  7.  That  nothing  in  this  Act  shall  be  construed  to  prevent  the  several 
States  and  Territories  from  making  or  enforcing  laws  or  regulations  not  in- 
consistent with  the  provisions  of  said  convention  or  of  this  Act,  or  from  making 
or  enforcing  laws  or  regulations  which  shall  give  further  protection  to  migra- 
tory birds,  their  nests,  and  eggs,  if  such  laws  or  regulations  do  not  extend 
the  open  seasons  for  such  birds  beyond  the  dates  approved  by  the  President 
in  accordance  with  section  three  of  this  Act. 

Sec.  8.  That  until  the  adoption  and  approval,  pursuant  to  section  three  of 
this  Act,  of  regulations  dealing  with  migratory  birds  and  their  nests  and  eggs, 
such  migratory  birds  and  their  nests  and  eggs  as  are  intended  and  used  ex- 
clusively for  scientific  or  propagating  purposes  may  be  taken,  captured, 
killed,  possessed,  sold,  purchased,  shipped,  and  transported  for  such  scientific 
or  propagating  purposes  if  and  to  the  extent  not  in  conflict  with  the  laws 
of  the  State,  Territory,  or  District  in  which  they  are  taken,  captured,  killed, 
l>ossessed,  sold,  or  purchased,  or  in  or  from  which  they  are  shipped  or  trans- 
ported if  the  packages  containing  the  dead  bodies  or  the  nests  or  eggs  of  such 
birds  when  shipped  and  transported  shall  be  marked  on  the  outside  thereof 
so  as  accurately  and  clearly  to  show  the  name  and  address  of  the  shipper  and 
the  contents  of  the  package. 

Sec.  9.  That  the  ui^expended  balances  of  any  sums  appropriated  by  the 
agricultural  appropriation  Acts  for  the  fiscal  years  nineteen  hundred  and 
seventeen  and  nineteen  hundred  and  eighteen,  for  enforcing  the  provisions  of 
the  Act  approved  March  fourth,  nineteen  hundred  and  thirteen,  relating  to  the 
protection  of  migratory  game  and  insectivorous  birds,  are  hereby  reappropriated 
and  made  available  until  expended  for  the  expenses  of  carrying  into  effect  the 
provisions  of  this  Act  and  regulations  made  pursuant  thereto,  including  the 
payment  of  such  rent,  and  the  employment  of  such  i>ersons  and  means,  as  the 
Secretary  of  Agriculture  may  deem  necessary,  in  the  District  of  Columbia  and 
elsewhere,  cooperation  with  local  authorities  in  the  protection  of  migratory  birds, 
and  necessary  investigations  connected  therewith :  Prov>ided,  That  no  pei-son  who 
is  subject  to  the  draft  for  service  in  the  Army  or  Navy  shall  be  exempted  or 
excused  from  such  senice  by  reason  of  his  employment  under  tliis  Act. 

Sec.  10.  That  if  any  clause,  sentence,  paragraph,  or  part  of  this  Act  shall, 
for  any  reason,  be  adjudged  by  any  court  of  competent  jurisdiction  to  be  in- 
valid, such  judgment  shall  not  affect,  impair,  or  invalidate  the  remainder 
thereof,  !)ut  shall  l>c  confined  in  its  oi>eration  to  the  clause,  sentence,  paragraph, 
or  part  thereof  directly  involved  in  the  controversy  in  which  such  judgment 
shall  have  been  rendered. 

Sec.  11.  That  all  Acts  or  parts  of  Acts  i^iconsistent  with  the  provisions 
of  this  Act  are  hereby  repealed. 

Sec  12.  Nothing  in  this  Act  shall  be  construed  to  prevent  the  breeding  of 
migratory  game  birds  on  farms  and  preserves  and  tlie  sale  of  birds  so  bred 
iwder  proper  regulation  for  the  purpose  of  increasing  the  food  supply. 

Sec.  l.S.  THat  thia  Act  shall  become  eflective  immediately  upon  its  passage 
and  approval. 


B.  S.  55.  BUREAU   OF   BIOLOGICAL   SURVEY.  7 

MIGRATORY-BIRD  TREATY-ACT  REGULATIONS. 

[As  approved  and  promulgated  by  the  President,  July  31,  1018,  and  amended  October  25, 
1918,  July  28,  1919,  July  9,  1920,  March  3,  1021,  May  17,  1021,  March  8,  1922,  April 
10,  1923,- and  June  11,  1923.] 

REGULATION    1.— DEFINITIONS    OF    MIGRATORY    BIRDS. 

Migratory  birds,  included  in  the  terms  of  the  convention  between  the  United 
States  and  Great  Britain  for  the  protection  of  migratory  birds,  concluded 
August  10,  1916,  are  as  follows : 

1.  Migratory  game  birds: 

(a)   Anatidae,  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 
{h)   Gruidae,  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae,  or  rails,  including  coot,  galli miles,  and  sora  and  other  rails. 

(d)  Limicolae,  or  shorebirds,  including  avocets,  curlews,  dowitchers,  godwits, 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones,  willet,  woodcock,  and  yellowlogs. 

(e)  Columbidae,  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Migratory  inseetivorcrtis  birds:  Cuckoos;  flickers  and  other  woodpeckers; 
nighthawks  or  bull-bats  and  whip-poor-wills;  swifts;  hummingbirds;  flycatch- 
ers ;  bol)olinks,  meadowlarks,  and  orioles ;  grosbeaks ;  tanagers ;  martins  and 
other  swallows ;  waxwings ;  shrikes ;  vireos ;  warblers ;  pipits ;  catbirds  and 
brown  thrashers ;  wrens ;  brown  creepers ;  nuthatches ;  chickadees  and  titmice ; 
kinglets  and  gnat  catchere ;  robins  and  other  thrushes;  and  all  other  perching 
birds  which  feed  entirely  or  chiefly  on  insects. 

3.  Other  migratoi-y  nongame  birds:  Auks,  auklets.  bitterns,  fulmars,  gannets, 
grebes,  guillemots,  gulls,  lierons,  jaegers,  loons,  murres,  petrels,  purrnis,  shear- 
waters, and  terns. 

[A3  amended  July  9,  1920.] 

REGULATION   2.— DEFINITIONS    OF   TERMS. 

For  the  purposes  of  these  regulations  the  following  terms  sliall  be  construed, 
respectively,  to  mean — 

Secretary. — The  Secretary  of  Agriculture  of  the  United  States. 

Person. — Th.e  plural  or  the  singular,  as  tiie  case  demands,  including  indi- 
viduals, associations,  partnerships,  and  corporations,  unless  the  context  other- 
wise requires. 

Take. — Tiie  pursuit,  hiwiting.  capture,  or  killing  of  migratory  birds  in  the 
manner  and  by  the  means  specifically  i^ermitted. 

Open  season. — The  time  during  which  migratory  birds  may  be  taken. 

Transport. — Shipping,  transporting,  carrying,  exporting,  receiving  or  deliver- 
ing for  shipment,  transportation,  carriage,  or  export. 

REGULATION    3.— MEANS    BY    WHICH    MIGRATORY    GAME    BIRDS    MAY    BE    TAKEN. 

The  migratory  game  birds  specified  in  Regulation  4  hereof  may  be  taken  dur- 
ing the  open  season  with  a  gun  only,  not  larger  than  No.  10  gauge,  fired  from 
the  shoulder,  except  as  specifically  permitted  by  Regulations  7,  8,  9,  and  10 
hereof;  they  may  be  taken  during  the  ope»  season  from  the  land  and  water, 
with  the  aid  of  a  dog.  the  use  of  decoys,  and  from  a  blind  or  floating  device 
(other  than  an  airplane,  powerboat,  sailboat,  any  boat  under  sail,  or  any 
floating  device  towed  by  powerboat  or  sailboat). 

[As  amended  July  28,  1910,  March  3,  1021,  and  May  17,   1021.] 

REGULATION    4.— OPEN    SEASONS    ON    AND    POSSESSION    OF    CERTAIN    MIGRATORY 

GAME   BIRDS. 

For  the  purpose  of  this  regulation,  each  period  of  time  herein  prescribed  as 
an  opeu  season  shall  be  construed  to  include  the  first  and  last  days  thereof. 


8  BUREAU  OF  BIOLOGICAL  SURVEY.  S.  R.  A., 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gallinules, 
black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  woodcock, 
Wilson  snipe  or  jacksnipe,  and  mourning  doves  may  be  taken  each  day  from 
half  an  hour  before  sunrise  to  sunset  during  the  open  seasons"  prescribe(i 
therefor  in  this  regulation,  by  the  means  and  in  the  numbers  permitted  by 
Regulations  3  and  5  hereof,  respectively,  and  wiien  so  taken,  may  be  possessed 
any  day  in  any  State,  Territory-,  or  District  during  the  period  constituting 
the  open  season  where  killed  and  for  an  additional  period  of  10  days  next 
succeeding  said  open  season,  but  no  such  birds  shall  be  possessed  in  a  State, 
Territory,  or  District  at  a  time  when  such  State,  Territory,  or  District  pro- 
hibits the  possession  thereof. 

Waterfowl  {except  ivood  duck,  eider  diicks,  and  swans),  coot,  gallinules, 
and  Wilson  snipe  or  jacksnipe. — The  open  seasons  for  waterfowl  (except  wood 
duck,  eider  ducks,  and  swans),  coot,  gallinules,  and  Wilson  snipe  or  jack- 
snipe  shall  be  as  follows : 

In  Maine,  New  Hampsiiire,  Vermont,  Massachusetts,  New  York  (except 
Long  Island),  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan,  Wisconsin, 
Illinois,  Minnesota,  Iowa,  Missouri,  North  Dakota,  South  Dakota,  Nebraska, 
Kansas,  Colorado,  Wyoming,  Montana,  Idaho,  Nevada,  and  that  portion  of 
Oregon  and  Washington  lying  east  of  the  summit  of  the  Cascade  Mountains 
the  open  season  shall  be  from  September  IG  to  Deceml>er  31 ; 

In  Rhode  Island,  Connecticut,  Pennsylvania,  Oklahoma,  that  portion  of 
Texas  lying  west  and  north  of  tlie  main  tracks  of  the  International  and  Great 
Northern  raih'oad  extending  from  Laredo  to  San  Antonio,  Austin,  and  Longview, 
and  the  Texas  and  Pacific  railroad  extending  from  Longview  to  Marshall  and 
Texarkana,  New  Mexico,  Utah,  California,  and  that  portion  of  Oregon  and 
Washington  lying  west  of  the  summit  of  the  Cascade  Mountains  the  open 
season  shall  be  from  October  1  to  January  15 ; 

In  that  portion  of  New  York  known  as  Long  Islaml,  and  in  New  Jersey, 
Delaware,  and  Arizona  the  oi>en  season  shall  be  from  October  IG  to  January  31 ; 

In  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  Tennessee,  Arkansas, 
Louisiana,  and  that  portion  of  Texas  lying  east  and  south  of  the  main  tracks 
of  the  International  and  Great  Northern  railroad  extending  from  I>aredo  to 
San  Antonio,  Austin,  and  Ixvagview,  and  the  Texas  and  Pacific  railroad  extend- 
ing from  Longview  to  Marshall  and  Texarkana  tl>e  oi>en  seson  shall  be  from 
NovemlKir  1  to  January  31 ;  and 

In  Alaska  the  open  season  shall  be  from  September  1  to  De<^*ember  15. 

Rails  {except  coot  and  (jaUinulea). — The  oi)en  season  for  sora  and  other  rails 
|(  except  coot  and  gallinues)  shall  be  from  September  1  to  November  30,  except 
as  follows : 

In  Louisiana  the  open  season  shall  be  from  Noveml>er  1  to  January  31. 

lilack-helUM  and  golden  plovers  and  greater  aiid  lesi^cr  yellowlegs. — The 
open  season  for  black-bellied  and  golden  plovers  and  greater  and  lesser  yellow- 
legs shall  be  as  follows : 

In  Maine,  New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Delaware,  Maryland,  and  Virginia  the  oi>en  season  shall  be 
from  August  IG  to  November  30; 

In  the  District  of  Columbia,  North  Carolina,  South  Carolina,  Tennessee, 
Arkansas,  Oklahoma,  Texas,  New  Mexico,  Arizona,  California,  and  Alaska  the 
open  season  shall  be  from  September  1  to  Deceml)er  15; 

In  Vermont,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan, 
Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Dakota,  South  Dakota, 
Nebraska,  Kansas,  Colorado,  Wyomng,  Montana,  Idaho,  Nevada,  and  that  por- 


B.  S.  -05.  BUREAU  OF  BIOLOGICAL  SUR\^Y.  y 

tion  of  Oregon  and  Wasl)ington  lying  east  of  the  summit  of  the  Cascade  Moun- 
tains the  open  season  shall  be  from  September  16  to  December  31 ; 

In  Utah  and  in  that  portion  of  Oregon  and  Washington  lying  west  of  the 
summit  of  the  Cascade  Mountains  the  open  season  shall  be  from  October  1  to 
January  15 ;  and 

In  Georgia,  Florida,  Alal)ama,  Mississippi,  and  Louisiana  tlie  open  season 
shall  be  from  November  1  to  January  31. 

Woodcock. — The  open  seasons  for  woodcock  shall  be  as  follows : 

In  Maine,  New  Hampshire,  Vermont,  ^Massacliusetts,  Rhode  Island,  Connecti- 
cut, New  York,  New  Jersey,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky, 
Indiana,  Michigan,  Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Da- 
kota, South  Dakota,  Nebraska,  and  Kansas  the  open  seaj>on  shall  be  from 
October  1  to  November  30 ;  and 

In  Delaware,  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina, 
South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  Tennessee,  Arkansas, 
Louisiana,  Texas,  and  Oklahoma  the  open  season  shall  be  from  November  1  to 
December  31. 

Doves. — The  open  seasons  for  mourning  doves  shall  l>e  as  follows : 

In  Delaware,  Maryland,  Virginia,  North  Carolina,  Tennessee,  Kentucky, 
Ohio,  Indiana,  Illinois,  Minnesota,  Nebraska,  Kansas,  Missouri,  Arkansas, 
Oklahoma,  that  portion  of  Texas  lying  west  and  north  of  the  main  tracks  of  the 
International  and  Great  Northern  railroad  extending  from  Liiredo  to  San  An- 
tonio, Austin,  and  Longview,  and  the  Texas  and  Pacific  railroad  extending  from 
Longview  to  Mai'^hall  and  Texarkaua,  New  Mexico,  ("olorado,  Utah,  Arizona, 
California,  Nevada,  Idaho,  and  Oregon  the  opL»n  season  shall  be  from  September 
1  to  December  15 ; 

In  Mississippi  and  Louisiana  the  oi>eii  season  shall  be  from  September  IG 
to  December  31 ; 

In  Georgia,  Florida,  and  Alabama  the  open  season  shall  be  from  October  IG  to 
January  31 ; 

In  that  portion  of  Texas  lying  east  and  south  of  the  main  tracks  of  the  Inter- 
national and  Great  Northern  railroad  extending  from  Laredo  to  San  Antonio, 
Austin,  and  Longview,  and  the  Texas  and  Pacific  railroad  extending  from  Long- 
view  to  Marshall  and  Texarkana  the  open  season  shall  l>e  from  November  1 
to  December  81 ;  and 

In  South  Carolina  the  open  season  shall  be  from  November  1  to  January  31. 

[As  amended  October  25,  1018,  July  28,  1919,  July  9,  1020,  May  17,  1021,  March  8, 
1922,  and  June  11,  1023.1 

REGULATION  6.— BAG  LIMITS  ON  CERTAIN   MIGRATORY   GAME   BIRDS. 

A  person  may  take  in  any  one  day  during  the  open  seasons  prescribed  there- 
for in  Regulation  4  not  to  exceed  the  following  numbers  of  migratory  game 
birds,  which  numbers  shall  include  all  birds  taken  by  any  otl^er  person  who 
for  hire  accompanies  or  assists  him  in  taking  migratory  birds : 

Ducks  (except  wood  duck  and  eider  ducks). — Twenty-five  in  the  aggregate 
of  all  kinds. 

Geese. — Eight  in  the  aggregate  of  all  kiniK 

Brant. — Eight. 

Ralls,  coot,  and  galluiules  (except  sora). — Twenty-five  in  tlie  aggregate  of 
all  kinds. 

Sora.— Fifty. 

Black-bellied  and  golden  plovers  and  greater  and  lesser  ijeUoicIcgs. — Fifteen 
in  the  aggregate  of  all  kinds. 

Wilson  snipe,  or  jacksnipc. — Twenty-five. 


10  BUREAU   OF   BIOLOGICAL  SURVEY.  S.  R.  A., 

Woodcock. — Six. 

Doves   {mourning). — Twenty-five. 

[As  amended  Octolx-r  25,  1918,  July  28,  1910,  and  March  3,  1921.] 

REGULATION    6.— SHIPMENT,    TRANSPORTATION,    AND    POSSESSION     OF    CERTAIN 

MIGRATORY   GAME   BIRDS. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  galli- 
nules,  black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  wood- 
cock, Wilson  snipe  or  jacksnipe,  and  mourning  doves  and  parts  thereof  legally 
taken  may  be  transported  in  or  out  of  the  State  where  taken  during  the  respec- 
tive open  seasons  in  that  State,  and  may  be  imported  from  Canada  during  the 
open  season  in  the  Province  where  taken,  in  any  manner,  but  not  more  than  the 
number  thereof  that  may  be  taken  in  two  days  by  one  person  under  these  regu- 
lations shall  be  transported  by  one  person  in  one  calendar  week  out  of  the 
State  where  taken ;  any  such  migatory  game  birds  or  parts  thereof  in  transit 
during  the  open  season  may  continue  in  transit  such  additional  time  immedi- 
ately succeeding  such  open  season,  not  to  exceed  five  days,  necessary  to  deliver 
tlie  same  to  their  destination,  and  may  be  possessed  in  any  State,  Territory,  or 
District  during  the  period  constituting  the  open  season  where  killed,  and  for  an 
additional  i)eriod  of  ten  days  next  succeeding  said  open  season;  and  any  pack- 
age in  which  migratory  game  birds  or  parts  tliereof  are  transported  shall  have 
the  name  and  address  of  the  shipper  and  of  the  consignee  and  an  accurate  state- 
ment of  the  numbers  and  kinds  of  birds  contained  therein  clearly  and  con- 
spicuously marked  on  the  outside  thereof;  but  no  such  birds  shall  be  trans- 
ported from  any  State,  Territory,  or  District  to  or  through  another  State,  Terri- 
tory, or  District,  or  to  or  through  a  Province  of  the  Dominion  of  Canada  con- 
trary to  the  laws  of  the  State,  Territory,  or  District,  or  Province  of  the  Dominion 
of  Canada  in  which  they  were  taken  or  from  wiiich  thoy  are  transported ;  nor 
shall  any  such  birds  be  transported  into  any  State,  Territory,  or  District  from 
another  State,  Territory,  or  District,  or  from  any  State,  Territory,  or  District 
into  any  Province  of  tlie  Dominion  of  Canada  at  a  time  when  such  State,  Terri- 
tory, or  District,  or  Province  of  the  Dominion  of  Canada  prohibits  the 
possession  or  transportation  thereof. 

[As  amended  October  2T),  1918,  and  July  0,  1920.] 

REGULATION  7.— TAKING   OF  CERTAIN   MIGRATORY   NONGAME   BIRDS   BY   ESKIMOS 
AND   INDIANS  IN   ALASKA. 

In  Alaska  E.skimos  and  Indians  m.ay  take  for  the  use  of  themselves  and  their 
immediate  families,  in  any  manner  and  at  any  time,  and  jwssess  and  transport 
auks,  auklets,  guillemots,  murres,  and  puffins  and  thoir  eggs  for  food,  and  their 
skins  for  clothing. 

REGULATION    8.— PERMITS    TO    PROPAGATE    AND    SELL    MIGRATORY    WATERFOWL. 

1.  A  person  may  take  in  any  manner  and  at  any  time  migratory  waterfowl 
and  their  eggs  for  propagating  purposes  wlien  authorized  by  a  permit  issued  by 
the  Secretary.  Waterfowl  and  their  eggs  so  taken  may  he  iK)SSossed  by  the 
permittee  and  may  he  sold  and  transported  by  him  for  propagating  purposes  to 
any  person  holding  a  permit  issued  by  th.e  Secretary  in  accordance  with  the 
provisions  of  this  regulation. 

2.  A  person  authorized  by  a  porn)it  issu(M]  by  the  Secretary  may  possess,  buy, 
sell,  and  transport  migratory  waterfowl  and  their  increase  and  eggs  in  any 
manner  and  at  any  time  lor  j)ropagating  jjiirposes;  and  migratory  waterfowl, 
excei)t  the  birds  taken  undii-  i)aragraph  1  of  this  regulation,  so  possessed  may 
be  killed  by  him  at  any  \\\\\i\  in  any  manner,  except  that  they  may  be  killed 
by  shooting  only  during  the  open  season  for  waterfowl   in   the   State  where 


B.  S.  05.  BUREAU   OF   BIOLOGICAL  SURVEY.  11 

killed,  and  the  carcasses,  with  heads  and  feet  attached  thereto,  of  the  birds 
so  killed  may  be  sold  and  transported  by  him  in  any  manner  and  at  any  time 
to  any  person  for  actual  consumption,  or  to  the  keeper  of  a  hotel,  restaurant, 
or  boarding  house,  retail  dealer  in  meat  or  game,  or  a  club,  for  sale  or  service 
to  their  patrons,  who  may  possess  such  carcasses  for  actual  consumption  with- 
out a  permit,  but  no  migratory  waterfowl  killed  by  shooting  shall  be  bought  or 
sold  unless  each  bird  before  attaining  the  ago  of  four  weeks  shall  have  had 
removed  from  the  web  of  one  foot  a  portion  thereof  in  the  form  of  a  V  large 
enough  to  make  a  permanent  well-defined  mark,  which  shall  be  sufllcient  to 
identify  it  as  a  bird  raised  in  domestication  under  a  penaiit. 

3.  Any  package  in  which  such  waterfowl  or  parts  thereof  or  their  eggs  are 
transported  shall  have  plainly  and  conspicuously  marked  on  the  outside  thereof 
the  name  and  address  of  the  permittee,  the  number  of  his  permit,  the  name 
and  address  of  the  consignee,  and  an  accurate  statement  of  the  number  and 
kinds  of  birds  or  eggs  contained  therein. 

4.  Applications  for  permits  must  be  addressed  to  the  Secretary  of  Agricul- 
ture, Washington,  D.  C,  and  must  contain  the  following  information :  Name 
and  address  of  applicant ;  place  where  the  business  is  to  be  carried  on ;  num- 
ber of  acres  of  land  used  in  the  business  and  whether  owned  or  leased  by 
the  applicant ;  number  of  each  species  of  waterfowl  in  possession  of  applicant ; 
names  of  species  and  number  of  birds  or  eggs  of  each  species  if  permission  is 
asked  to  take  waterfowl  or  their  eggs ;  and  the  particular  locality  where  it  is 
desired  to  take  such  waterfowl  or  eggs. 

5.  A  person  granted  a  permit  under  this  regulation  shall  keep  books  and 
records  which  shall  correctly  set  forth  the  total  number  of  each  species  of 
waterfowl  and  their  eggs  possessed  on  the  date  of  application  for  the  permit 
and  on  the  first  day  of  each  January  next  following;  also  for  each  calendar 
year  during  the  life  of  the  permit  the  total  number  of  each  species  reared  and 
killed,  number  of  each  species  and  their  eggs  sold  and  transported,  manner  in 
which  such  waterfowl  and  eggs  were  transported,  name  and  address  of  each 
person  from  or  to  whom  waterfowl  and  eggs  were  purchased  or  sold,  together 
with  numl>er  and  si>ecies  and  whether  sold  alive  or  dead ;  and  the  date  of  each 
transaction.  A  reiwrt  setting  forth  this  information  shall  be  annually  furnished 
the  Secretary  during  the  month  of  January  for  the  preceding  calendar  year. 

6.  A  permittee  shall  at  all  reasonable  hours  allow  any  authorized  employee 
of  the  United  States  Department  of  Agriculture  to  enter  and  inspect  the  prem- 
ises where  oi^erations  are  being  carried  on  under  this  regulation  and  to  inspect 
the  books  and  records  of  such  permittee  relating  thereto. 

7.  A  permit  issued  under  this  regulation  shall  be  valid  until  revoked  by  the 
Secretary  unless  otherwise  specified  therein,  shall  not  be  transferable,  and  may 
be  revoked  by  the  Secretary,  if  the  permittee  violates  any  of  the  provisions  of 
the  Migratory  Bird  Treaty  Act  or  of  the  regulations  thereunder.  A  permit 
duly  ren'oked  by  the  Secretary  shall  be  surrendered  to  him  by  the  person  to 
whom  it  was  issued,  on  demand  of  any  employee  of  the  United  States  Depart- 
ment of  Agriculture  duly  authorized  to  enforce  the  provisions  of  tlie  Migratory 
Bird  Treaty  Act. 

8.  A  person  may  possess  and  transport  for  his  own  use,  without  a  permit, 
live  migratory  waterfowl  now  lawfully  possessed  or  hereafter  lawfully  acquired 
by  him,  but  he  may  not  purchase  or  sell  such  waterfowl  without  a  permit.  A 
State  or  municipal  game  farm  or  city  park  may  possess,  purchase,  sell,  and 
transport  live  migratory  waterfowl  without  a  permit,  but  no  such  waterfowl 
shall  be  purchased  from  or  sold  to  a  person  (other  than  such  State  or  municipal 
game  farm  or  city  park)  unless  he  has  a  permit.  The  feathers  of  wild  ducks 
and  wild  geese  lawfully  killed  and  feathers  of  such  birds  seized  and  condemned 


12  BUREAU   OF  BIOLOGICAL  SURVEY.  S.  R.  A., 

by  Federal  or  State  game  authorities  may  be  possessed,  bought,  sold,  and  trans- 
ported, for  use  in  making  fishing  flies,  bed  pillows,  and  mattresses  and  for 
similar  comm.ercial  purposes,  but  not  for  millinery  or  ornamental  purposes. 
[As  amended  October  25,  1918,  July  9,  1920,  April  10,  1923,  and  June  11,  1923.] 

REGULATION    9.— PERMITS    TO    COLLECT    MIGRATORY    BIRDS    FOR   SCIENTIFIC 

PURPOSES. 

A  person  may  take  in  any  manner  and  at  any  time  migratory  birds  and  their 
nests  and  eggs  for  scientific  purposes  when  authorized  by  a  permit  issued  by 
the  Secretary,  which  permit  shall  be  carried  on  his  person  when  he  is  collecting 
specimens  thereunder  and  shall  be  exhibited  to  any  person  requesting  to  see 
the  same. 

Application  for  a  permit  must  be  addressed  to  the  Secretary  of  Agriculture, 
Washington,  D.  C,  and  must  contain  the  following  information:  Name  and 
address  of  applicant,  his  age,  and  name  of  State,  Territory,  or  District  in  which 
specimens  are  proposed  to  be  taken  and  the  purpose  for  which  they  are  in- 
tended. Each  application  shall  be  accompanied  by  certificates  from  two  well- 
known  ornithologists  that  the  applicant  is  a  fit  person  to  be  intrusted  with  a 
permit. 

The  permit  may  limit  the  number  and  species  of  birds,  birds'  nests  or  eggs 
that  may  be  collected  thereunder  and  may  authorize  the  holder  thereof  to 
possess,  buy,  sell,  exchange,  and  transport  in  any  manner  and  at  any  time 
migratory  birds,  parts  thereof,  and  their  nests  and  eggs  for  scientific  purposes; 
or  it  may  limit  the  holder  to  one  or  more  of  these  privileges.  Public  museums, 
zoological  parks  and  societies,  and  public  scientific  and  educational  institu- 
tions may  possess,  buy,  sell,  exchange,  and  transport  in  any  manner  and  at 
any  time  migratory  birds  and  parts  thereof,  and  their  nests  and  eggs  for 
scientific  purposes  without  a  permit,  but  no  specimens  shall  be  taken  without 
a  permit.  The  plumage  and  skins  of  migratory  game  birds  legally  taken  may 
be  possessed  and  transiwrted  by  a  person  without  a  i>ermit. 

A  taxidermist  when  authorized  by  a  permit  issued  by  the  Secretary  may 
possess,  buy,  sell,  exchange,  and  transport  in  any  manner  and  at  any  time 
migratory  birds  and  parts  thereof  legally  taken,  or  he  may  be  limited  to  one  or 
more  of  these  privileges. 

Each  permit  shall  be  valid  until  revoked  by  the  Secretary  unless  otherwise 
specified  tlierein,  shall  not  be  transferable,  and  shall  be  revocable  at  the  dis- 
cretion of  the  Secretary.  A  permit  duly  revoked  by  the  Secretary  shall  be  sur- 
rendered to  him  by  the  person  to  whom  it  was  issued,  on  demand  of  any  em- 
ployee of  the  United  States  Department  of  Agriculture  duly  authorized  to 
enforce  the  provisions  of  the  Migratory  Bird  Treaty  Act.  A  person  holding  a 
permit  shall  report  annually  to  the  Secretary  on  or  before  the  10th  day  of 
January  during  the  life  of  the  permit  the  number  of  skins,  nests,  or  eggs  of 
each  species  collected,  bought,  sold,  exchanged,  or  transported  during  the  pre- 
ceding calendar  year. 

Every  package  in  which  migratory  birds  or  their  nests  or  eggs  are  trans- 
ported shall  have  clearly  and  conspicuously  marked  on  the  outside  thereof  the 
name  and  address  of  the  sender,  the  number  of  the  permit  in  every  case  when  a 
permit  is  required,  the  name  and  address  of  the  consignee,  a  statement  that  it 
contains  specimens  of  birds,  their  ne.sts,  or  eggs  for  scientific  purposes,  and, 
whenever  such  a  package  is  transported  or  offered  for  transportation  from  the 
Dominion  of  Canada  into  the  United  States  or  from  the  United  States  into  the 
Dominion  of  Canada,  an  accurate  statement  of  the  contents. 

[As  amended  October  25,  1918,  March  3,  1921,  aud  June  11,  1923.] 


B.  S.  :.5.  BUREAU   OF   BIOLOCICAL   SURVEY.  13 

REGULATION   10.— PERMITS  TO   KILL  MIGRATORY   BIRDS  INJURIOUS  TO   PROPERTY. 

When  information  is  furnished  the  .Secretary  that  any  species  of  niii,'ratory 
bird  lias  become,  under  extraordinary  conditions,  seriously  injurious  to  aprri- 
culture  or  other  interests  in  any  particular  community,  an  investi^'ation  will 
he  made  to  determine  the  nature  and  extent  of  the  injury,  wiiether  the  birds 
alletred  to  he  doin;:  tlie  damage  should  be  killed,  an<l,  if  so,  durin.i?  what  times 
and  by  what  means.     Upon  his  determination  an  appropriate  order  will  be  made. 

REGULATION  11.— STATE  LAWS  FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS. 

Xothinir  in  these  reirulations  shall  be  construed  to  permit  the  takinjj:,  posses- 
sion, sale,  purchase,  or  transix)rtation  of  migratory  l>irds,  their  nests,  and  eggs 
contrary  to  the  laws  and  regulations  of  any  State,  Territory,  or  District  made 
for  the  purpose  of  giving  further  protection  to  migratory  birds,  their  nests,  and 
eggs  when  such  laws  and  regulations  are  not  inconsistent  with  the  convention 
between  the  United  States  an<l  (Ireat  Britain  for  the  protection  of  migratory 
l)irds  concluded  August  16,  1010,  or  the  migratory  bird  treaty  act  and  do  not 
extend  the  open  seasons  for  such  birds  beyond  the  dates  prescribed  by  these 
regulations. 

[Added  by  pioolamatiou  of  October  25,  1918,  as  amended  .July  9,  1920.] 


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